Crime Lab Report??

[bball3285]

What is the name of your state? CA

I recently got pulled over, refused a breathalyser but instead went to the hospital to give blood test. I called the hospital the next week and they said that the results go to the police crime lab not the hospital. I called the police and they said I need a lawyer to get it.

Is there any way I can find this information and get access to my lab report without an attorney? Any help much appreciated.

[seniorjudge]

Q: Is there any way I can find this information and get access to my lab report without an attorney?

A: Yes. Plead not guilty and ask for a trial. Then file a motion for discovery in which you ask for copies of the report.

[CdwJava]

Originally Posted by bball3285

I recently got pulled over, refused a breathalyser but instead went to the hospital to give blood test. I called the hospital the next week and they said that the results go to the police crime lab not the hospital. I called the police and they said I need a lawyer to get it.

Is there any way I can find this information and get access to my lab report without an attorney? Any help much appreciated.

Most law enforcement agencies are NOT going to release evidence or the crime/arrest report to you unless it is through your attorney. Under CA state law they do not have to release this information to you.

So, you will have to wait until an attorney is assigned (if you are unable to afford one) or until you hire one.

- Carl

[besitos]

Is there any way I can find this information and get access to my lab report without an attorney? Any help much appreciated.[/quote]


Hmmm, my husband went to the hospital to have blood drawn and a week later went to the hospital and they gave him not 1 but 3 copies of his blood/urine lab results. All he had to do was sign a medical release. I'd try calling again and talking to various people.

P.S. We're in California too!

[Some Random Guy]

Yes, when you go to the hospital for routine blood tests, the hospital is providing a service for you and gives you the results. When the hospital does testing of your blood for the police, they are working for the police and give the results to them. Simple.

The police are not required to release copies of their evidence to you unless you are charged with a crime. And then they will only do so if served with a proper discovery request (hence the lawyer).

[CdwJava]

Originally Posted by besitos

Hmmm, my husband went to the hospital to have blood drawn and a week later went to the hospital and they gave him not 1 but 3 copies of his blood/urine lab results. All he had to do was sign a medical release. I'd try calling again and talking to various people.

P.S. We're in California too!

As Some Random Guy said, this won't work. The hospital drew the blood, but they are not responsible for testing it. It goes to the local crime lab (or other local contracted testing facility) or to the CA Department of Justice Crime Lab.

An attorney can get it. The suspect usually cannot. By state law the agency may choose to withhold any and all investigative records from the defendant - and most agencies DO choose to withhold these reports.

- Carl

[garrula lingua]

If you appear in court on the court date (the arraignment and plea) without an attorney ('in pro per'), you can ask the court for a copy of the 'discovery' - the police report, the complaint, and the lab report.
Most prosecutors give court staff two copies of these docs - one for the court file & one for defense counsel. Upon request, the court will give the defense copy to a pro-per def, as long as there is no witness info that has to be redacted.

At that first appearance, after being informed of your BAC level, you can decide if you wish to plead out (depending on the offer from the Prosecutor) or hire an atty (ask to continue the arraignment to allow you to hire an atty).

If you qualify for the PD, s/he will have the 'discovery' given to them at court.

You do have the right to defend yourself (without an atty), and
you have the right to all discovery that any defense atty you hired would receive.

You should not have to file any motion to receive this info - ask for it (& it will be on the record if the court or Prosecutor refuses to give).
It is required of the Prosecution to give you all exculpatory info and 'discoverable' info per Brady & CA codes.